Texting while driving in New York

What is texting while driving?

Using a cell phone or any hand-held mobile device to send a text message, email or make a phone call while operating a motor vehicle is a  misdemeanor and if you are caught, you will be issued a traffic ticket. It carries a penalty of a fine, a surcharge and penalty points against your driving record.

Why is texting while driving prohibited? Using a mobile phone or device that allows you to send a text message or email distracts the driver from concentrating not only on the manner by which he or she drives the car but it also distracts him from observing the conditions of the road.  More importantly, it prevents the driver from promptly responding and reacting to the behavior of other vehicles on the road or to the sudden appearance of a pedestrian. Texting while driving affects the level of concentration of the driver and consequently, it affects his decision-making and his response-time.  When a computer has so many windows open and it is doing several tasks, runs slower and often, the computer even freezes and hangs.  The same thing happens to humans who try to do two complicated tasks at the same time. If you are caught texting while driving and you are issued a ticket, instead of ignoring it or automatically paying the fine, call a New York Traffic Ticket Lawyer and ask for advice.  The penalty for texting while driving is stiff and it will tarnish your driving record.

What are the penalties for texting while driving? For the first offense, the penalty is a fine with a minimum of $50 up to a maximum of $150.  Five penalty points will be recorded against the driver’s license. The surcharge may reach up to $93. For a second offense committed within eighteen months from the first offense, the penalty is still a fine with a minimum of $50 but the maximum fine is $200. Five penalty points will be recorded against the driver’s license. For a third offense committed within eighteen months, the penalty is a fine with a minimum of $50 but the maximum is a fine of $400. Five penalty points will be recorded against the driver’s license. For probationary or junior drivers, the first offense of texting while driving results in a 60-day suspension of the license. For a second offense committed within six months from the first offense, this results in a revocation of the driver’s license for six months.

Defense: when you can use a cell phone while driving

When you are calling 911 or using a cell phone because to report a police, fire or medical emergency, you can use a cell phone even while you are driving. This is a defense that aNew York Traffic Attorney can use to dispute a ticket issued to a driver for texting while driving. Maxwell Law Firm handles traffic ticket, speeding, red light, reckless driving, seat belt, stop sign violations. If you have received a speeding ticket in New York, Brooklyn/Kings, Queens, and Nassau Counties you may contact Maxwell Law Firm, PLLC by submitting a request for a quote on our traffic intake form or by calling 718-701-0095.